The Truth About THC Drinks and Gun Ownership: Explained by a Firearms Attorney

THC drinks are increasingly popular, but for gun owners a can of cannabis seltzer carries more legal weight than the marketing suggests.

Federal law doesn't distinguish between a bud, a brownie, or a beverage – THC is THC, and things are pretty unmabigious regarding cannabis and firearms, no matter which state you call home.

Ahead of 4/20, we asked Texas firearms attorney Gerard Kardonsky to explain exactly where hunters and gun owners stand when it comes to THC.

THC Drinks and Gun Owners: Where the Legal Trouble Starts

The data is in: Gen Z is drinking less alcohol than previous generations, but that doesn’t mean they aren’t reaching for new liquid alternatives.

As cannabis legalization has spread in recent years, we’ve seen a rise in THC-infused drinks.

First, let’s get into the weeds on a few definitions here. Delta-9-tetrahydrocannabinol, or Delta-9, is the primary psychoactive compound in cannabis. It is sometimes referred to as Delta-9 THC, or just THC. CBD (cannabidiol) is a non-intoxicating cannabinoid. Both THC and CBD can be derived from cannabis and hemp.

Hemp is basically identical to cannabis, but hemp is bred for low THC content and is most often used for fiber, seed and CBD uses. The legal line between hemp and cannabis is that hemp contains 0.3% THC or less by dry weight, while cannabis contains more than 0.3%. So legally, hemp is cannabis with very low THC.

Why does this matter? Because the 2018 Farm Bill states that hemp and products produced from it are federally legal if the finished product remains at or under that .3% THC mark.

However, federally legal doesn’t mean that states can’t ban, restrict or regulate it like cannabis. In some states right now, you might see THC seltzers and drinks in liquor stores or smoke shops, depending on the state’s regulations, the THC plant source and local law enforcement policy.

THC drinks shipped online will be hemp-based and should follow federal guidelines based on percentage and weight.

The FDA has not approved THC for use in food or drink outside prescriptive contexts, meaning there is no federally approved pathway in place. The market operates in a gray zone, and policy shifts could trigger crackdowns.

What ATF Form 4473 Still Makes Clear

THC-infused drinks can hit your system faster than gummies, and can be easy to overconsume if treated like cans of beer. A 2 to 5mg per serving is mild for most people, while 10mg can be strong for low-tolerance users. Regardless of source, it’s all still THC.

When you purchase a gun, the ATF Form 4473 has the following question:

11.e — “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes in the state where you reside.”

What does that mean for these THC beverages? Texas attorney Gerard Kardonsky, who has been outspoken on marijuana and firearms law, puts it bluntly: THC drinks are not a legal gray area for gun owners; they’re a federal problem.

“Federal law trumps everything,” he says. No matter what a particular state has legalized or decriminalized, marijuana remains federally illegal. That matters because federal firearms law still prohibits ‘unlawful users’ of marijuana from possessing firearms.

“It doesn’t matter whether the THC came from a bud, a brownie or a drink,” Kardonsky explains. “They can’t tell the difference.”

READ MORE: Ted Nugent’s Toast To Clean and Sober Living

THC Drinks and Gun Owners: Why the Source Doesn’t Matter

If you consume THC and test positive, the source is irrelevant. Hemp-derived, cannabis-derived, infused cocktail ... legally, THC is THC.

The risk compounds when firearms enter the picture. Possessing THC and a firearm at the same time can trigger a legal enhancement. “Now you’re committing a crime while in possession of a firearm,” Kardonsky says.

Even in states where marijuana is legal, that federal overlay doesn’t disappear. And while enforcement may vary, that doesn’t make the legal exposure theoretical. “Just because they’re not using it doesn’t mean they can’t,” he says.

CBD products aren’t necessarily a safe harbor either. Kardonsky notes that testing often happens after products are already in stores. If a mislabeled or improperly manufactured product exceeds legal THC thresholds, a consumer could still test positive. “You could fall into the trap where you think you’re okay,” he says, “but if you test positive, you test positive.”

For hunters and shooters, the message is simple: THC beverages may look like a lighter alternative to alcohol, but legally they carry heavier consequences.

Before You Treat THC Drinks Like Beer

THC beverages are rising for a few reasons, including broader cannabis legalization in some states and a younger generation moving away from alcohol and toward alternative ways to relax and socialize.

But the legalities regarding THC-infused products are an issue where firearms are concerned. Even after President Donald Trump’s Dec. 18, 2025, executive order directing agencies to expedite marijuana rescheduling, the problem for gun owners remains the same: federal firearms law still treats marijuana use as a serious issue.

With the current laws, even in states where marijuana is decriminalized, cannabis purchases can leave a paper trail. In theory, that could create added exposure for gun owners. You see where this is going.

THC beverages seem to be here to stay, but for gun owners the legal risk isn’t nearly as fuzzy as the marketing makes it seem.

A Quick Word on Nootropics

Nootropics, or “smart drugs,” are marketed as ways to boost focus, alertness and mental performance. In practice, many lean heavily on familiar ingredients like caffeine and L-theanine, then add herbs, mushrooms or racetam compounds that have produced mixed results in healthy adults.

These products are popular with younger, health-conscious consumers looking for an edge, but the effects are often more marketing-friendly than life-changing. They certainly don't have the same legal implications as THC.

Legal? Totally. Functional? Meh. Have a cup of coffee if you're on a budget, or even do some exercise. You just won’t look as cool.